Midnight appointment cases raffled off to CA justices

MANILA, Philippines - The Court of Appeals (CA) has distributed to six justices the cases remanded by the Supreme Court (SC) involving President Aquino’s Executive Order 2 that nullified the supposed midnight appointments made by the previous administration.

The petitions of former director Eddie Tamondong of Subic Bay Metropolitan Board Authority (SBMA), retired National Commission on Muslim Filipinos (NCMF) secretary Bai Omera Dianalan- Lucman, former Philippine National Railways general manager Manuel Andal, Quezon City prosecutor Dindo Venturanza, Nayong Pilipino head Charito Planas and former state solicitor Cheloy Garafil were raffled off yesterday. Tamondong’s case was assigned to Justice Fernanda Lampas-Peralta, Lucman’s case to Justice Ramon Cruz, Andal’s to Justice Abdulwahid Hakim, Venturanza’s to Justice Noel Tijam, Planas’ to Justice Angelita Gacutan, and Garafil’s case to Justice Aurora Jane Lantion.

In its resolution last month, the SC remanded the cases involving EO 2 to the CA, which is empowered to receive evidence and the factual incidents on the issues.

The SC stressed that they are not a trier of facts and cannot receive evidence coming from the parties.

“The Court of Appeals shall have the authority to resolve all pending matters and applications, and to decide the issues as if these cases have been originally commenced in the Court of Appeals. Wherefore, the Court refers these consolidated special civil actions to the Court of Appeals for further proceedings and judicious resolution as if these cases have been originally commenced in the Court of Appeals,” the high court stressed.

Petitioners argued that executive orders had violated Article IX Section 2b of the Constitution by depriving civil service employees of security of tenure.

They also alleged that Aquino summarily dismissed them without just cause and without compliance with the cardinal requirements of due process.

As to the case of Tamondong, in line with Republic Act 7227 or the Bases Conversion and Development Act of 1992, he said in his petition before the SC that Arroyo appointed him as director of Subic Bay Metropolitan Authority (SBMA) for a term of six years from March 2010, or up to March 2016. 

Garafil was a former solicitor of the Office of the Solicitor General who was sacked by Solgen Jose Anselmo Cadiz for being an appointee of Arroyo before stepping down from Malacañang.

Other petitions questioning Executive Order 3, which involved alleged “midnight” promotion of career executive service officers, remained with the SC.